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The Secret of Economic, Social and Cultural Rights: Do You Know What These Fundamental Rights Are?
On the global human rights protection stage, economic, social and cultural rights (ESCR) as an important part are receiving more and more attention. These rights are not just abstract ideas, but basic needs of every person in their daily life, such as the right to education, the right to housing, and the right to maintain an adequate standard of living. As the international community's legal obligations on these rights continue to grow, member states are forced to face the challenge of how to fully implement them.
Economic, social and cultural rights are at the core of human rights, ensuring that every person can enjoy dignity, freedom and equality.
According to the Universal Declaration of Human Rights, these rights include the right to social security, the right to work, the right to rest and leisure, the right to an adequate standard of living, the right to education, etc. Specifically, the International Covenant on Economic, Social and Cultural Rights (ICESCR) is the most important legal source of these rights, providing a series of fundamental rights that should be protected.
The role of international and regional human rights instruments
ESCR is recognized and protected in multiple international and regional human rights instruments. The Universal Declaration of Human Rights, adopted by the United Nations in 1948, clearly outlined the protection clauses for these rights, and subsequent conventions have continued to expand the scope of these rights.
ESCR encompasses basic human rights such as health, education and an adequate standard of living.
For example, in addressing children’s rights, the United Nations Convention on the Rights of the Child emphasizes the rights to health, social security and education. Especially in a thriving economy, we cannot ignore the most vulnerable groups. Conventions such as the Convention on the Elimination of Discrimination against Women and the Convention on the Elimination of All Forms of Racial Discrimination also emphasize the equality of women and ethnic minorities in the enjoyment of economic, social and cultural rights respectively.
State Responsibilities and Obligations
Under international law, states have legal obligations to respect, protect and fulfil the ESCR. Especially in the International Covenant on Economic, Social and Cultural Rights, member states need to take "progressive" actions to ensure the realization of these rights. This means that even when resources are limited, the state must strive to provide basic survival rights and ensure fair distribution of resources.
States must demonstrate genuine efforts to protect economic, social and cultural rights.
In addition, in accordance with the fundamental principle of combating discrimination, States should abolish laws, policies and practices that affect the enjoyment of these rights in order to prevent discrimination in public life.
Education as a human right
Education is considered an important human right that not only affects individual development but is also crucial to improving the overall quality of society. According to several international treaties, the right to education is enjoyed by everyone and its characteristics include universality and high priority. Countries need to provide free and accessible education to ensure every citizen’s basic right to learn. Importantly, the quality of education must also be addressed, including a safe and violence-free learning environment, and adequate resource allocation.
Education should not be seen as a privilege but a fundamental human right.
Some experienced countries, such as Sweden, Finland and Denmark, have very strong social welfare systems and do not rely on judicial review to protect these rights. This shows that the implementation of economic, social and cultural rights can also be achieved through effective policies and social movements.
Future Outlook
As society evolves and human rights awareness rises, the implementation of economic, social and cultural rights will receive more attention. Online activist groups, such as ESCR-Net, are working to increase awareness and engagement about these rights. We should reflect on what else the society can do to better protect these basic rights?
